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Calcutta High CourtCRM (DB)/2425/2023allowed

Tarun Majumder v. State Of West Bengal

2023-07-03Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

03.07.2023 Sl. No.100 akd [ALLOWED] C. R. M. (DB) 2425 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 14.06.2023 in connection with Santipur Police Station Case No.343 of 2023 dated 08.04.2023 under Sections 498A/306/34 of the Indian Penal Code.

And In Re: Tarun Majumder ... ... Petitioner Mr. Angshuman Chakraborty Mr. Shashanka Shekhar Saha ... ... for the petitioner Mr. Saurindra Mahapatra Mr. Subham Bhakat ... ... for the State It is submitted on behalf of the petitioner that there was no legal marriage between him and the victim lady. Investigation is complete. Accordingly, he prays for bail.

Learned Advocate for the State opposes the prayer for bail. We have considered the materials on record. Allegations of torture are general and omnibus. Whether there was lawful marriage or not may be assessed during trial. Investigation is complete. Keeping in mind the aforesaid facts, we are of the opinion further detention of the accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Tarun Majumder, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Ranaghat, Nadia subject to condition that the said petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)